JACKSON
v.
ALLEN; BROWN V. ALLEN

U.S. | 1889-10-28
Nos. 44, 45
132 U.S. 27 Supreme Court of the United States (1889) Positive Treatment
Also reported at: 33 L. Ed. 249 · 10 S. Ct. 9 · SCDB 1889-004 · 1889 U.S. LEXIS 1837
Cited by 27 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A case removed from a Louisiana state court to federal circuit court on grounds of diverse citizenship was reversed because the record failed to adequately establish the citizenship of the parties at the time of removal, and this jurisdictional defect could not be cured by later amendment. The Supreme Court held that when diversity jurisdiction is not properly shown at the outset, the state court's jurisdiction is never divested, and the case must be remanded.

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

The original action and that of intervention and third opposition therein were brought in the Civil .District Court for the parish of Orleans, Louisiana, and petitions filed for their removal into the Circuit Court of the United States for the Eastern District of Louisiana, upon the ground of the diverse citizenship of the parties. The cause was thereupon docketed and tried in the Circuit Court by the judge thereof, on stipulation according to the statute, and upon his findings judgment was rendered and writs of error were prosecuted to this court.

It appears from the record that the citizenship of the parties at the commencement of the actions, as well as at the time the petitions for removal were filed, was not sufficiently shown, and that therefore the jurisdiction of the state court was never divested. Stevens v. Nichols, 130 U. S. 230. This being so, the deféct cannot be cured by amendment. Crehore v. Ohio and Mississippi Railroad Co., 131 U. S. 240.

We are compelled to reverse the judgment, at the costs, however, of the respective plaintiffs in error, and remit the cause to the Circuit Count, with directions to remanid to the state count. Ordered accordingly.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (15 total)

  • Powers v. Chesapeake & Ohio Ry. Co., 169 U.S. 92 (U.S. 1898)
    …ot bound or authorized to surrender its jurisdiction, and if it does, the Circuit Court of the United States cannot allow an amendment of the petition, but must remand the case. Crehore v. Ohio & Mississippi Railway, 131 U. S. 240; Jackson v. Allen, 132 U. S. 27. But if,, upon the face of the petition and of the whole record of the state cóurt, sufficient grounds for removal are shown, the petition may be amended in the Circuit Court of the United States, by leave of that court, by stating more fully and' d…
  • Martin's Administrator v. Baltimore & Ohio R.R. Co., 151 U.S. 673 (U.S. 1894)
    …may ;be allowed -when, and only when, the petition, as- presented to the- state court, shows upon its face sufficient ground for removal. Carson v. Dunham, 121 U. S. 421, 427; Crehore v. Ohio & Mississippi Railroad, 131 U. S. 240; Jackson v. Allen, 132 U. S. 27. The decision in Ayers v. Watson, -as to the. Avaiver in -the Circuit Court of the United -States, of .the objection' that the petition for removal had not been seasonably-filed in the state cpurt, .-has ne\Ter been doubted or qualified.; In Kansas…
  • Ex parte Harding, 219 U.S. 363 (U.S. 1911)

Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw